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﻿--POWERED I8Y

THE HONORABLE KEVIN N. FOX United States Magistrate Judge Southern District of New York

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UNITED STATES OF AMERICA

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SEALED COMPLAINT

OUMAR ISSA, HAROUNA TOURE, and IDRISS ABELRAHMAN,

Violations of

21 U.S.C. § 960a, 18 U.S.C. §§ 2339B & 3238.

Defendants.

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SOUTHERN DISTRICT OF NEW YORK, ss.:

DARIA LUPACCHINO, being duly sworn, deposes and says that she is a Special Agent of the Drug Enforcement Administration ("DEA"), and charges as follows:

COUNT ONE: NARCO-TERRORISM CONSPIRACY

1. From at least in or about September 2009, up to

and including the present, in an offense occurring in and affecting interstate and foreign commerce, begun and committed outside of the jurisdiction of any particular State or district of the United States, OUMAR ISSA, HAROUNA TOURE, and IDRISS ABELRAHMAN, the defendants, at least one of whom will be first brought to and arrested in the Southern District of New York, and others known and unknown, unlawfully I Lnt.errt i.ona L'l.y and knowingly qid combine, conspire, confederate and agree together and with each other to violate the laws of the united States.

2. It was a part and an object of said conspiracy that OUMAR ISSA, HAROUNA TOURE, and IDRISS ABELRAHMAN, the defendants, and others known and unknown, would and did engage in conduct that would be punishable under Title 21, United States Code, Section 841(a) if committed within the jurisdiction of the United States, to wit, the distribution, and possession with the intent to distribute, of five kilograms and more of mixtures and substances containing a detectable amount of cocaine, knowing and intending to provide, directly and indirectly, something of pecuniary value to a person and organization that has engaged and engages in terrorist activity and terrorism, to wit, the Fuerzas Armadas Revolucionarias de Colombia ("FARe'), which was

designated by the United States Secretary of State as a foreign terrorist organization in october 1997, pursuant to Section 219 of the Immigration and Nationality Act, and was re-designated as such on October 2, 2003, and October 11, 2005, and is currently designated as such as of the date of the filing of this Complaint, and its members, operatives and associates, in violation of Section 960a of Title 21, United States Code.

3. It was further a part and an object of said

conspiracy that OUMAR ISSA, HAROUNA TOURE, and IDRISS ABELRAHMAN, the defendants, and others known and unknown, would and did engage in conduct that would be punishable under Title 21, United States Code, section 841(a) if committed within the jurisdiction of the United States, to wit, the distribution, and possession with the intent to distribute, of five kilograms and more of mixtures and sUbstances containing a detectable amount of cocaine, knowing and intending to provide, directly and indirectly, something of pecuniary value to a person and organization that has engaged and engages in terrorist activity and terrorism, to wit, (a) Al Qaeda, which was designated by the United states Secretary of State as a foreign terrorist organization on October 8, 1999, pursuant to Section 219 of the Immigration and Nationality Act, and was re-designated as such on october 5, 2001, October 2, 2003, and April 28, 2006, and is currently designated as such as of the date of the filing of this Complaint, and its members, operatives and associates, in violation of Section 960a of Title 21, United states Code; and

(b) Al Qaeda in the Islamic Maghreb (or "AQIM"), which was designated by the United States Secretary of State as a foreign terrorist organization in February 2008, pursuant to Section 219 of the Immigration and Nationality Act, and is currently designated as such as of the date of the filing of this Complaint, and its members, operatives and associates, in violation of Section 960a of Title 21, United States Code.

(Title 21, United States Code, Section 960a, and Title 18, United States Code, Section 3238.)

COUNT TWO: CONSPIRACY TO PROVIDE

MATERIAL SUPPORT TO A FOREIGN TERRORIST ORGANIZATION

4. From at least in or about September 2009, up to and including the present, in an offense occurring in and affecting interstate and foreign commerce, begun and committed outside of the jurisdiction of any particular State or district of the United States, OUMAR ISSA, HAROUNA TOURE, and IDRISS ABELRAHMAN, the defendants, at least one of whom will be first brought to and arrested in the Southern District of New York, and others known and unknown, unlawfully and knowingly did combine, conspire, confederate and agree together and with each other to provide "material support or resources," as that term is defined in Title 18, United States Code, Section 2339A(b) I to the FARC,

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Al Qaeda, and AQIM, each of which has been designated by the United States Secretary of State as a foreign terrorist organization, as set forth above.

5. It was a part and an object of the conspiracy that OUMAR ISSA, HAROUNA TOURE, and IDRISS ABELRAHMAN, the defendants, and others known and unknown, would and did agree to provide the FARe with, among other things, logistical assistance and secure transport for a shipment of cocaine across Africa, and other support and resources, knowing that the FARe had engaged and was engaging in terrorist activity (as defined in section

212(a) (3) (B) of the Immigration and Nationality Act) I and that the FARC had engaged and was engaging in terrorism (as defined in section 140(d) (2) of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989}, in violation of Title 18, United States Code, Section 2339B.

6. It was further a part and an object of the conspiracy that OliMAR ISSA, HAROUNA TOURE, and IDRISS ABELRAHMAN, the defendants, would and did agree to provide support and resources (including themselves) to Al Qaeda and AQIM, knowing that Al Qaeda and AQIM had engaged and were engaging in terrorist activity (as defined in section 212(a) (3) (B) of the Immigration and Nationality Act) I and that Al Qaeda and AQIM"'had engaged and were engaging in terrorism (as defined in section 140(d) (2) of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989) I in violation of Title 18, United States Code, Section 2339B.

(Title 181 United States Code,

Sections 2339B (a) (1), (d) (1) (C), (d) (1) (E) and 3238.)

The bases for my knowledge and the foregoing charges are as follows:

7. I am a DEA agent with 10 years' experience. I have participated in the investigation of this matter, and have spoken with other individuals, including federal agents, other law enforcement officials, and other witnesses. When I rely on statements made by others, such statements are related in sum and substance unless otherwise indicated. Moreover, because this affidavit is submitted for the limited purpose of establishing probable cause supporting the arrests of the defendants, I have not set forth each and every fact learned during the course of this investigation. Indeed, I have omitted mention of some of the facts known about the defendants in order to protect sensitive sources of information.

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Fuerzas Armadas Revolucionarias de Colombia (the FARe)

8. During the course of my investigation, I have become familiar with the Fuerzas Armadas Revolucionarias de Colombia (the "FARC") through a variety of sources! including, but not limited to, DEA investigations of the FARC, and persons who have been associated with the FARC. From these sources, I have learned that the FARC is an international terrorist organization. Specifically, I have learned the f o l.'Lowi.nq ;

a. From in or about 1964 until on or about the date of filing of this Complaint, the FARC has been and is an international terrorist group dedicated to the violent overthrow of the democratically elected Government of Colombia.

b. The FARC is a highly structured terrorist organization, styled as a military group and comprised of approximately 12,000 to 18,000 armed guerillas organized into seven "blocs," 68 numbered "fronts," nine named fronts, and four urban "militias."

c. To further its terrorist activities and its goals to overthrow the democratically elected Government of Colombia, the FARC actively engages in narcotics trafficking as a financing mechanism and has evolved into the world's largest supplier of cocaine.

d. In October 1997, the United States Secretary of State designated the FARC as a foreign terrorist organization pursuant to Section 219 of the Immigration and Nationality Act. As of the date of filing of this Complaint, the FARC is currently designated as a foreign terrorist organization. The European Union also has designated the FARe as a terrorist organization.

e. During at least the five years prior to the date of filing of this Complaint, the FARC has directed violent acts against United States persons and commercial and property interests in foreign jurisdictions, including, but not limited tOr Colombia. In order to protect its financial interests in the cocaine trade, the FARC leadership ordered its members to take counter-measures against the Government of Colombia's cocaine fumigation campaign, including, among other actions: attempting to shoot down fumigation aircraft; forcing members and supporters to publicly rally against fumigation; and attacking Colombian infrastructure. Having recognized that the United States has contributed significantly to Colombian fumigation efforts, the FARe leadership ordered FARC members to kidnap and murder United States citizens and to attack United States interests in order to dissuade the United States from continuing its efforts to fumigate and disrupt the FARC's cocaine and cocaine paste manufacturing and distribution activities.

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f. The FARC's violent acts directed against the United States and United States interests have included: (1) the murder of United States nationalsi (2) the kidnapping of United States nationals; and (3) the bomhing of a restaurant in Bogota, Colombia, frequented by United States nationals.

Al Qaeda and Al Qaeda in the Islamic Maghreb (AQIM)

9. During the course of my investigation, I have

become familiar with Al Qaeda and Al Qaeda in the Islamic Maghreb (\\AQIM"). Based on my review of publicly available information, including findings and statements by the United States Department of State, the United States Department of Treasury, and the United Nations, as well as statements attributed to AQIM through newspapers, periodicals, and other "open source" information, I have learned the following:

a. Al Qaeda is an organization founded in or about 1989 by Usama bin Laden, Muhammad Atef, a/k/a "Abu Hafs al Masri," and others. One of the principal goals of this organization is to attack the United States. Al Qaeda has claimed responsibility for the September 11, 2001 attacks in the United States and for numerous other terrorist acts around the world. Al Qaeda functions on its own and through various terrorist organizations that operate under its umbrella, including, as described below, AQIM.

b. The United States Department of State has designated Al Qaeda as a foreign terrorist organization ("FTO") on: October 8f 1999i October 5, 2001i October 2, 2003; and April 28, 2006. Al Qaeda remains a designated FTO as of this date.

The designation is made pursuant to Section 219 of the Immigration and Nationality Act, as added by the Antiterrorism and Effective Death Penalty Act of 1996, Pub. L. 104-132, 302, 110 Stat. 1214, 1248 (1996), and amended by the Illegal Immigrant Reform and Immigrant Responsibility Act of 1996, Pub. L. No. 104- 208, 110 Stat. 3009 (1996).

c. AQIM formerly called itself the Salafist Group for Preaching and Combat ("GSPC!'). This group was founded in the late 1990s with the assistance of Usama bin Laden, and declared war on Algeria's secular authorities and Western targets. In or about September 2001, GSPC declared that it would "strike hard" at the United States and other countries if they "persist in hunting down Islamist networks in America, Great Britain, France, and Belgium." On March 27, 2002, the United States Department of State designated G8PC as an FTO. As of June 2004, Abdelmalek Droukdal, a/k/a "Abu Musab Abdul Wadoud," was appointed GSPC's leader.

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d. On or about September 11, 2006, Ayman al Zawahiri - a high-ranking member of Al Qaeda and close associate of Usama bin Laden - announced that GSPC had joined Al Qaeda. In making this statement, Zawahiri called for "our brothers of the GSPC to hit the foundations of the Crusader alliance, primarily their old leader the infidel United States." GSPC renamed itself AQIM, and declared its leader to be Abdelmalek Droukdal. In February 2008, the United States Department of State amended its earlier designation of GSPC as an FTO to include AQIM.

e. On or about December 4, 2007, the United States Department of Treasury, pursuant to Executive Order 13224, designated Droukdal as a foreign terrorist. In so designating Droukdal, the United States Department of Treasury stated that Droukdal had reportedly supervised April 2007 bombings of the Algerian Prime Minister's Office and police offices and ordered a December 2006 attack on a United States company's bus.

f. In responding to questions posed to him by the New York Times in July 2008, Droukdal stated via audio recording that "American interests are legitimate targets to us. We will strive to strike them whenever we can. And we are sure that America is going to lose its war against us like it lost it against Afghanistan and Iraq." Droukdal further stated that:

• By uniting with Al Qaeda, AQIM "brought grief and sorrow to our enemies the Jews and apostates and crusaders. If

• "We and Al Qaeda are one body. They back us up and we back them up. They supply us and we supply them with any kind of support, loyalty, advice and available support."

• "Everyone must know that we will not hesitate in targeting [the United States] whenever we can and wherever it is on the planet."

• "We will mobilize the sons of the Islamic Maghreb in order to soak the nose of the Americans in the mud, and put into their account that's already filled with defeats, another defiance,"

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The Investigation

A. CS-l Meets with Defendants ISSA and TOURE In Ghana In September And October of 2009

10. The DEA has been assisted in this investigation by a confidential source ("CS-l") who has provided the DEA with information about potential narco-terrorist activity in West Africa.1 In CS-l's interaction with the targets of

investigation, CS-l has posed as a Lebanese radical committed to opposing the interests of the United States, Israel and, more broadly, the West and its ideals.

11. In August of 2009, CS-1 identified an individual known as "Oumarr" who was subsequently identified by the DEA as OUMAR ISSA, the defendantr as a facilitator for a criminal organization operating within the West African countries of Togo, Ghana, Burkina Paso and Mali. CS-1 reported the information to the DEA and thereupon was instructed to arrange a meeting with ISSA in Ghana, which CS-1 didr by telephone. On September 14, 2009, CS-1 met ISSA in Ghana. The meeting, which was conducted in French, was recorded with audio and video equipment. I have set forth below a partial summary of the discussion held during this meeting. This summary is based upon my and other agents' debriefings of CS-l, as well as my review of a summary translation of the meeting prepared by a translator working on a contract basis with the DEA. During the meeting, the following discussion took place:

a. CS-l told ISSA that he represented members of the FARC. CS-l explained to ISSA that the Colombians were very sympathetic to "the cause" and held anti-American views similar to those of ISSA and to the views espoused by CS-l (in CS-lls cover as a Lebanese radical). CS-l told ISSA that working with the Colombians would not only be profitable, but would generate money for their shared causes.

b. CS-l explained that the Colombians needed assistance with transporting cocaine from West Africa, through North Africar and into Spain. To that endr CS-l asked ISSA if he was capable of providing secure passage of cocaine through North Africa.

c. ISSA explained that associates of his in Mali have an established means to avoid customs detection of contraband at the various borders along the proposed route and

1 CS-l became a paid confidential

approximately July of 2009. During the time DEA, CS-l has proved reliable and has provided been independently corroborated.

source for DEA in CS-l has worked for information that has

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were capable of ensuring safe passage through the desert. The CS asked ISSA if the protection would come from government officials or from "Qaeda." ISSA confirmed that the protection would come from Al Qaeda and the people that would protect the load would be very well armed.

d. To further the proposed transaction, ISSA stated that he would travel to Mali to meet with the "main guy." CS-1 and ISSA agreed that the two of them, joined by the "main guy" referenced by ISSA, would meet in Ghana soon to further discuss the details of the transaction.

12. On September 15 and 16r 2009, CS-1 made a series of consensually monitored telephone calls at the direction of DEA, during which CS-1 and OUMAR ISSA, the defendant, further discussed the cocaine transportation proposal previously discussed on September 14r 2009. ISSA asked CS-1 for money to pay for his travel to Mali so that ISSA could meet with his boss and tell the boss about the business proposal with the Colombians. CS-1 asked for ISSA's ,full name in order to send him money via Western Union. ISSA provided his name, and the DEA arranged to have $300.00 sent to ISSA in Togo to pay for ISSA's travel to Mali. Between September 16r 2009 and October 6, 2009, CS-1 made an additional series of recorded and unrecorded telephone calls with ISSA. The calls focused on coordinating a meeting with ISSArs main contact in Mali.

13. On October 6r 2009, CS-1 had a series of meetings with ISSA and an individual subsequently identified as HAROUNA TOUREr2 the defendant, in Accra, Ghana, to continue discussions regarding the proposed transport of cocaine through Africa.

TOURE was introduced at the meeting as the boss of OUMAR ISSA, the defendant, and purported to lead a criminal organization that worked with groups in North Africa with affiliations to Al Qaeda. TOURE indicated that he had agreed to meet with CS-1 to discuss TOURE's ability to assist CS-1 and a representative of the FARC with the transportation of cocaine from Ghana through North Africa to the coast of Spain. I have set forth below a partial summary of the discussion during this meeting. This summary is

2 HAROUNA TOURE, the defendant, traveled to Ghana for the meeting via a flight from Bamako I Mali to Lome I Togo and then traveled with ISSA by vehicle from Lome, Togo to Accra, Ghana. TOURE:'s airline ticket was purchased by CS-1 in the name of "Toure Harouna" which was the name provided by ISSA prior to HAROUNA's travel. The name HAROUNA TOURE was later identified from a Mali passport which he mistakenly left behind at the hotel where the meeting took place. CS-l acquired custody of the passportr at the request of TOURE, and made a copy of the passport which was sent to DEA agents. CS-1 then returned the passport to TOURE through a third party.

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based upon my and other agents' debriefings of CS-l, as well as my conferral with a DEA agent with French fluency who has reviewed the recordings. During the meetings, CS-l and TOURE discussed the following:

a. CS-l explained that he was meeting with TOURE on behalf of the FARC, which eS-l named explicitly, and described the organization as being sympathetic to their (CS-l's and TOURE's) mutual cause. CS-l explained that the FARe needed assistance with the transportation of cocaine from Ghana to the sea of Spain. eS-l told TOURE that the FARe worked with other Islamists that oppose American interests.

b. TOURE stated that his organization would be able to transport the cocaine from Ghana through North Africa to Spain. TOURE explained that his group controls the desert and advised that the route from Ghana to Mali was generally safe, but that TOURE's assistance would be needed to secure safe passage from Mali to Morocco. While demonstrating with a map and making notations thereon, TOURE explained that the transportation of the cocaine from Mali across the desert to Morocco would be facilitated by Al Qaeda groups utilizing Land Rover 4x4 vehicles. TOURE discussed the option of two different transportation routes, one through Algeria and Libya, and the other through Algeria and Morocco.

c. TOURE also described his strong relationship with the Al Qaeda groups that control areas of North Africa. TOURE stated that he has worked with Al Qaeda to transport and deliver between one and two tons of hashish to Tunisia and that his organization and Al Qaeda have collaborated in the human smuggling of Bangladeshi, Pakistani and Indian subjects into Spain. TOURE also explained that he supports Al Qaeda with gasoline and food and collects taxes from many rich Malian people throughout the region on Al Qaeda's behalf. TOURE commented that without him (TOURE) they (AI Qaeda) could not eat. TOURE stated that he understands the Colombians' hatred for the Americans because the Americans do not let the Colombians rest.

d. eS-l inquired about TOURE'S ability and interest in participating in kidnappings for ransom to raise money. TOURE stated that the same organization (Al Qaeda) that will be protecting the cocaine shipment from Mali through North Africa could assist CS-l in CS-l's desire to kidnap foreign nationals to raise money for the cause. In an effort to support his claim, TOURE elaborated that the same group recently kidnapped French speaking Belgian citizens and successfully collected a large ransom for their return.

e. TOURE further reported that he has a longstanding working relationship with a Brazil-based criminal organization that smuggles contraband. TOURE advised that this

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Brazilian organization has assisted him with obtaining visas for travel to Brazil and parts of Europe,3 TOURE advised that if CS-1 and the Colombians wanted the Shipment of cocaine transported from the coast of Morocco to Spain, TOURE would utilize his Brazilian contact for that segment of the transportation.

f. TOURE negotiated a transportation cost of $2,000 per kilogram of cocaine. TOURE stated that the cost included payment to his Al Qaeda contacts for the transport and security of the cocaine through North Africa, across the desert, to the coast of Morocco. TOURE further indicated that he was able to get official Mali passports. CS-1 provided TOURE with a photo of a criminal associate (the "CAli) and explained that the CA worked for the Colombians. CS-1 advised that the CA would follow along with TOURE'S group to ensure the safe delivery of the cocaine shipment. CS-1 paid TOURE $1,000 for the future procurement of the passport for the CA. TOURE stated that he would be able to obtain the CA's passport within 3-4 days after his return to Mali; however, TOURE warned that he would only allow the CA to follow the drug load until the load reached Mali and, once the load was turned over to Al Qaeda, they would not allow an outsider to follow them through North Africa.

14. On October 15, 2009, CS-1 made a series of consensually monitored calls to HAROUNA TOURE, the defendant! at the direction of DEA. During the calls, the substance of which I and other agents have reviewed with CS-1, TOURE agreed at the next meeting to bring a representative of the group that would be responsible for the security of the cocaine during transit through the desert of North Africa, from Mali to the coast, and agreed to meet in Melilla (a Spanish-controlled territory within Morocco) in the near future. CS-1 asked TOURE for an e-mail address that CS-1 could use to contact TOUREj TOURE provided an account address and CS-1 gave TOURE CS-11s email account information. CS-1 and TOURE subsequently exchanged a series of e-mails in French (with some Arabic terms), including the following: 4

a. On or about October 16, 2009, at approximately 10:42 a.m., CS-1 wrote "I am happy to get in touch with you. Today, I will contact the Colombians through this same way and I will let you know all the details in regards to our business/deal. Everything is going on the right direction."

3 TOURE's Malian passport reflected travel to Brazil r Saudi

Arabia and France.

~ The English translations of TOURE's e-mails are

preliminary translations prepared by DEA personnel with French language fluency.

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b. At approximately 6:00 p.m. later that day, CS-1 wrote "Dear Toure, we are going on the right direction and God is going to be with us. Our next meeting with the Colombians will be in Mellia [sic] 'Inchaallah' [meaning 'God willing' in Arabic] and don't worry about the expenses because I am going to take care of it. The Colombians are going to send a representative and he is going to be in charge of verifying everything I have presented him about the transportation. So you have to take with you the person who is going to be responsible to protect the merchandise, especially in the desert where our friends, the radicals and the Muslims are going to be the 'guarantee' for the people as we have talked and concluded in our last meeting. We are going to start the action and the execution of the plan. I know that you are the 'desert' and I trust you.

I think we are going to do a good job and also we are going to help with our brothers our cause which is under any other consideration. God is with USi he watches over us and he guides us. Once the passport is done you will give it to me, God willing, in our next meeting. I forgot to tell you that with the passport, it is necessary an identification card and a driver's license that I will pay you separately. The load will be ready and that's why we have to study well the route. We will talk also in Mellia [sic], God willing. By the way, the Colombians are going to make you an offer, a good business and we will talk about that also. God bless you and [Arabic terms] Good bye."

c. On or about October 16, 2009, TOURE responded at approximately 8:06 a.m., "Hello, I received the message and

[Unintelligible word] is understood. So far, I would like you to give me the exact date of our next meeting because I am not permanently in the Capital because I operate most of the time on the north, in the areas where there aren't connections. Since we have been in contact I have made all the necessary contacts with our Muslim brothers in order for the deal to work. Every day they ask about the deal; there is not a problem to bring one person but he is in the 'desert' and I don't know what to say; to come, or not to come. I don't have any concerns with the deal because I am convinced. What it worries me a little bit is that I have a lot of work and I don't know when this is going to start. God help us and take care.1I

d. On October 17, 2009 at approximately 4:36 p.m., CS-l sent an email to TOURE and asked him if TOURE's partner would be available to come to a future meeting. At approximately 7:41 p.m., TOURE sent CS-1 the response, in French: \\Hello, the message has been received. It won't be a problem for my partner. I will wait until Monday to make plans. Wish you good things."

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B. CS-1 and CS-2 Meet With Defendants TOURE And ABELRAHMAN In Ghana In November 2009

15. On November 17 and 18, 2009, CS-1 and an additional DEA confidential source posing as a member of the FARC ("CS-2,,)5 met with HAROUNA TOUKE and IDRISS ABELRAHMAN, the defendants, in Ghana in meetings that were recorded on both audio and video.6 This'summary is based upon my and other agents' debriefings of CS-1, as well as my review of a summary translation of the meeting prepared by a translator working on a contract basis with the DEA. During the meeting, the following discussion took place:

a. At the outset of the meeting, ABELRAHMAN said, in substance, that each party knew who the other party was, and it need not be discussed further. CS-2 introduced himself as a high-ranking member of his organization interested in shipping a series of 500 to 1,000 kilogram loads of cocaine across Africa to Europe. CS-2 explained that he and his group had been fighting a war against the Americans, Colombians, and many other governments for a very long time. CS-2 further explained that to finance this war, his organization generated money from the sale of cocaine. ABELRAHMAN was introduced as a leader of a "militia" of 11 armed men and told CS-l, in substance, that he was "wanted by the world" because of his status as a "General" in the militia, and that because of his status he could not travel in Europe. TOURE and ABELRAHMAN identified themselves as the likings" of the desert and described themselves as "warriors of god and fighting for god." When CS-2 challenged ABELRAHMAN by stating that ABELRAHMAN leads only 11 men, whereas CS-2's organization is comprised of 30,000 men, ABELRAHMAN smiled and said "we are everywhere." CS-1 explained to ABELRAHMAN in substance that CS-2 hates Americans and that Americans killed CS- 2's brother. ABELRAHMAN responded by pointing to CS-2 and sayingr in substance, that if this was the case, that CS-2 was now ABELRAHMAN's brother. CS-1 told TOURE and ABELRAHMAN, in substance, that he/she knows that CS-2 is glad to be working with TOURE and ABELRAHMAN because they all hate Americans and are committed to the same cause. ABELRAHMAN then responded "god willing, god willing."

5 CS-2 has been working with the DEA since 2000, first as

a cooperating witness and currently as a paid confidential source. CS-2 has provided reliable information in the past that has resulted in numerous arrests, seizures, and convictions. CS-2 has also previously testified in United States District Court.

6 During the meetingsr CS-2 spoke in Spanish, using CS-l as

an interpreter to convert the substance of his statements into French.

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b. During the meetings, TOURE and ABELRAHMAN said that they have the ability to safely transport cocaine shipments for CS-2 and his group. ABELRAHMAN said that TOURE handles the business aspects of the operation and possesses useful political contacts in Mali, while ABELRAHMAN's role is to provide weapons and to use his status in the "militia" to ensure safe passage of merchandise through the desert, adding that ABELRAHMANrs people possess the forcer the weapons, and the vehicles to do so. TOURE explained that he would use a truck to transport the cocaine from Ghana to Mali or Niger. At that point TOURE would combine efforts with ABELRAHMAN and his group to transport the cocaine through the desert to the coast of Moroccor through the small Moroccan coastal town of Aghadir, and then via a route the passes through a river out to the Canary Islands. TOURE and ABELRAHMAN said that they would charge 3,000 Euros per kilogram that they transport and would request a 10~ down payment prior to each transport. According to TOURE and ABELRAHMANr this money was needed to cover various expensesr including vehicles, gas, water, and payments to people working with their organization, among other things. TOURE and ABELRAHMAN said that the profits of the work will 'go to their people to support the fight for "the cause."

16. During a meeting in Ghana that took place on or about November l8, 2009, CS-1 and CS-2 told HAROUNA TOURE and IDRISS ABELRAHMAN, the defendants, that CS-2 spoke to other leadership members of his organization and that they decided that they wanted TOURE and ABELRAHMAN to purchase the truck that will be used to transport the cocaine shipments from Ghana to ABELRAHMAN's group in the desert. CS-1 and CS-2 then handed $25rOOO to TOURE and ABELRAHMAN. ABELRAHMAN initially picked up the money and placed it in his left pants pocket. Later during the meeting, ABELRAHMAN handed the money to TOURE and TOURE counted the money. TOURE advised that he would purchase the truck for the operation. During the discussions about tpe truck and the transportation operation, CS-l and CS-2 explained to TOURE and ABELRAHMAN that the cocaine would be concealed in construction material and would be undetectable until it is processed at a lab located in Europe.

17. Following the meetings on November 17r 2009 and November 18r 2009, CS-1 and CS-2 spoke to HAROUNA TOURE and IDRISS ABELRAHMAN, the defendants, in a subsequent series of recorded calls to TOURE and ABELRAHMAN to further plan and coordinate the proposed narcotics trafficking activity. I have set forth below a partial summary of these callsr which is based on my debriefings of CS-l. For example:

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a. On or about November 18, 2009, at approximately 10:05 a.m., CS-1 called TOURE and told him that CS-l and CS-2 wanted to meet with TOURE and ABELRAHMAN in a half an hour. CS-l stated that "so far, everything seems good/If referring to the parties' conversations the previous day in which eS-l and CS-2 told TOURE and ABELRAHMAN that they would be in contact with CS-2's partners in Colombia (the FARe) to get approval to move forward. TOURE stated that he was checking out of his hotel room. TOURE told CS-1 to come to the hotel so that they could meet again.

b. On that same day, on or about November 18, 2009, CS-l called TOURE told him that he and ABELRAHMAN needed to purchase a truck, not a car, with the $25,000 CS-1 and CS-2 had provided them~ During the meeting on November 18, 2009/ TOURE and ABELRAHMAN indicated that they would purchase a four wheel drive vehicle or "4x4" to transport the initial small load. At the direction of DEA, CS-1 called TOURE and clarified that that the vehicle needed to be large enough to carry the 500 kilogram loads that would be sent after an initial smaller load was delivered and successfully transported. During the call, TOURE repeated that they would buy a truck and it would be better than a 4x4. CS-l stated that once TOURE purchased the truck, CS-l and CS-2 would make the down payment for the transportation of the initial load. eS-1 told TOURE to take his time and not to rush anything because CS-2 would be returning to South America to make preparations for the 500 kilograms of cocaine to be sent to Ghana. During the call, CS-1 repeated "500tt to make sure that TOURE understood. TOURE repeated the amount and CS-l explained that they needed to have a truck but told TOURE to take his time. CS-l explained that he would be going to Spain to prepare to receive the cocaine near the "Island" (a reference to the Canary Islands discussed in the prior meetings). TOURE stated that he understood that both CS-l and CS-2 were leaving Ghana and that he would be returning to Mali. CS-l explained that it would possibly be 15 days before they meet again and that everybody was leaving the area to take care of their own part of the "business." TOURE: said that he would return to Mali.

c. A few minutes later, eS-1 again spoke to TOURE. CS-l explained that CS-2 is preparing "the 500." CS-l informed TOURE that CS-2 would be away for at least 15 days and CS-l would be traveling to Spain to prepare for the transfer of cocaine in North Africa. CS-1 asked TOURE to assure CS-l that he would have the truck in 10 to 15 days and would purchase the truck in Ghana or Mali. The ,call was then dropped. TOURE immediately called CS-l back and told CS-1 that he would see if he could purchase the truck in Ghana before he departed. CS-1 said that God would be with TOURE.

14

d. On or about November 19, 2009, at approximately 5:20 pm, CS-1 spoke to TOURE, who stated that he and ABELRAHMAN were leaving for Mali early the following morning. CS-l told TOURE that he wanted to speak with ABELRAHMAN, and a few minutes later CS-l received an incoming call from ABELRAHMAN. During the calli CS-1 asked that ABELRAHMAN conduct their part of the business with caution. CS-l also instructed ABELRAHMAN to speak with TOURE if he wanted to get a European passport because of ABELRAHMAN/s previous statements that ABELRAHMAN'could not travel in Europe because of his wanted status; CS-l had told TOURE and ABELRAHMAN that CS-l had contacts that could obtain official government passports for them so that they could more freely travel.

e. On or about November 30, 20091 CS-1 spoke with ABELRAHMAN and TOURE by phone. During this call, ABELRAHMAN and TOURE indicated that they were' ready, that they had purchased the vehicle, and that they were waiting for further direction. CS-l was also told that TOURE would be leaving the following day for Burkina Faso. CS-1 also asked TOURE during the call whether the recent kidnapping of a Spanish national in Mauritania would complicate the movement of the cocaine through North Africa. TOURE replied that the kidnapping and government efforts in the area would not interfere with their group's movements and the route that they intended to use. TOURE also stated that a plane had recently crashed in Mali that contained merchandise from Colombia. TOURE stated that the Mali desert was very large and had five borders, and that many armed groups moved freely within Mali, and again assured CS-l that none of the recent events in Mali would disrupt their transportation ability through the desert. Finally, TOURE stated that he and ABELRAHMAN wanted to be paid in euros, rather than dollars.

f. On or about December 3, 2009, CS-l placed a consesually-monitored and recorded call to TOURE, During the call, TOURE told CS-1 that he had purchased a truck, which he described as a Mercedes six-wheeler, and that the truck was already in Ghana.

D. CS-l and CS-2 Meet With TOURE and ABELRAHMAN In Ghana In December 2009

18. On or about December 13, 2009, CS-l and CS-2 met with HAROUNA TOURE and IDRISS ABELRAHMAN, the defendants, in two separate meetings in Ghana, both of which were recorded on audio and video.

a. In the first meeting, TOURE handed over the Mali passport, as well as a government identification card, that CS-l had asked him to obtain for the CA. TOURE and ABELRAHMAN then explained that they did not have the truck with them that they had purchased for the transport of the cocaine, because it

15

was being outfitted with higher sides in order to better conceal the load of cocaine. TOURE and ABELRAHMAN further stated that, in light of the alterations needed for the truck, an additional $15,000 would be necessary to pay for the changes. They explained that they could have the truck ready as early as the next day, and gave a set of keys to the truck to CS-1 and showed CS-1 and CS-2 a picture of the truck taken on TOURE's cellular phone.

b. TOURE then asked that CS-1 and CS-2 pay half of the transportation costs in advance, as a down payment. When CS-1 responded that the previous understanding had been that only a 10% down payment was necessary, TOURE responded that a 10% down payment would not even cover the costs and expenses of the transportation, including payouts to various people along the route, and that the standard rate for transport across the desert was $10,000 per kilogram of cocaine, reiterating their demand for 75/000 euros in down payment. TOURE told CS-l and CS-2 that the load could still be moved on the same schedule if CS-1 and CS-2 went to the garage, paid the remainder of the purchase price of the truck, and delivered it to ABELRAHMAN, who would then pick up the cocaine and begin the transport, while TOURE remained in Accra to wait to receive the down payment. CS-1 and CS-2 answered that they could not deliver 75,000 euros without getting permission and assistance from associates in Colombia, and concluded the meeting to discuss among themselves what action to take.

c. Later that day, CS-1 and CS-2 met again with TOURE and ABELRAHMAN. During the meetingl CS-1 and CS-2 expl~ined that the cocaine had been delivered to Ghana and asked TOURE and ABELRAHMAN to transport the cocaine with 15,000 euros as the down payment, noting that this initial load was a smaller test load, and that there would be many future loads. They further explained that if TOURE and ABELRAHMAN were insisting on 75,000 euros as the down payment, that CS-1 and CS-2 would need time to get the money. TOURE responded that because he and ABELRAHMAN had already incurred significant travel and hotel expenses, the 75,000 euro down payment was necessarYI but that he and ABELRAHMAN would be willing to wait in Ghana for three days - until Wednesday 1 December 16 - so that CS-l and CS-2 could make arrangements to provide the requested down payment. CS-1 and CS-2 then left the meeting.

19. On or about December 14, 2009, CS-1 and CS-2 met with HAROUNA TOURE and IDRISS ABELRAHMAN, the defendants, in Ghana. The meeting was recorded on both audio and video.

a. At the beginning of the meeting, referencing their meeting the previous day, CS-1 told ABELRAHMAN and TOURE that CS-2 had been on the telephone the entire night explaining the negotiations to his bosses, and that CS-2 and his

16

organization (referring to the FARC) had agreed to pay the money that ABELRAHMAN and TOURE had requested. TOURE then explained that he had been upset about their discussions the previous day because he and ABELRAHMAN had made substantial preparations for the cocaine transport on the understanding that an agreement had been reached and the plan was moving forward. TOURE explained, in substance, that he had traveled to the frontier of Moroccoi that he had purchased the off-road vehicles that would be used to transport the cocaine in the Sahara, and that he had prepared people all along the transportation route to assist them, including in Niger. TOURE continued that he had also brought a friend who was a chauffeur that drives trucks for ~our people, Al Qaeda" through the desert. TOURE said that he paid for all of the expenses with his own money and he had been very agitated about that during the negotiations on December 13. CS-1 admitted that he was agitated as well. ABELRAHMAN interjected and explained, in substance, that with a good heart, both parties could make the deal successful. Later in the meeting, CS-1 began to speak with ABELRAHMAN in Arabic, and told him that CS-2 is from "the FARC" and that CS-2's thinking is "military" like ABELRAHMAN's thinking. CS-l elaborated that CS-2 and ABELRAHMAN have the same cause, stating that both ABELRAHMAN's group and CS- 2's group are "against Americans," to which ABELRAHMAN nodded his head in assent.

b. TOURE continued to explain that his aggravation the previous day was due to the fact that he had already begun to pay for the people and protection necessary to accomplish the cocaine transportation venture with CS-l and CS-2 and had brought another member of Al Qaeda with him to Accra who could help ABELRAHMAN transport the cocaine along the route. TOURE explained that ABELRAHMAN and the other Al Qaedamember would be able to navigate through the region and they together had already established a route and a cover story to deal with complications and questions along the route. TOURE went on to explain that their group provides protection for airplanes that land in their area, including incoming planes from Colombia.

c. CS-l stated that CS-l would be able to meet with TOURE and ABELRAHMAN tomorrow to make the final payment for the truck and take possession of it. TOURE said that they had secured a location where they could remove the cocaine from the truck and then place ~n additional cover load on the cocaine with help from people from their group located in Ghana. TOURE stated that he would place bananas or oranges on the load as additional "camouflage". TOURE explained that he had prepared the ~military people" that would be assisting them. TOURE clarified that the "military people" were "AI Qaeda."

d. Lastly, CS-1 again spoke with ABELRAHMAN in Arabic and, intertwining the fingers of his two hands, said that his group and ABELRAHMAN's group "would be like this - the two

17

organizations together. " ABELRAHMAN made the same gesture with his hands and affirmed that the two organizations are coming together. ABELRAHMAN then brought his fist and hand together and said -god willing."

WHEREFORE, your deponent respectfully requests that arrest warrants be issued for OUMAR ISSA, HAROUNA TOURE, and IDRISS ABELRAHMAN, the defendants, and that they be arrested and imprisoned, or bailed, as the case may be.

DARIA LUPACCHINO Special Agent

Drug Enforcement Administration

SWgKrrto before me this

(') day of December I 2009

c / .r.: IC;~ )~ ~

~P.ABLE KEVIN N .FO~~--UNITED STATESMAGISTRA"rE JUDGE SOUTHERN DISTRICT OF NEW YORK

18

CR 12 (Rev. 5/03)

WARRANT FOR ARREST

DISTRICT

SOUTHERN DISTRICT OF NEW YORK

UNITED STATES OF AMERICA

v.

OUMARISSA

WARRANT ISSUED ON THE BASIS OF:

o Indictment

o Information

o Order of Court X Complaint

NAME AND ADDRESS OF INDIVIDUAL TO BE ARRESTED

OUMARISSA

DISTRICT OF ARREST

DESCRIPTION OF CHARGES

Narco- Terrorism Conspiracy;

Conspiracy to Provide Material Support and Resources to a Designated Foreign Terrorist Organization

TO: UNITED STATES MARSHAL OR ANY OTHER AUTHORIZED OFFICER CITY

YOU ARE HEREBY COMMANDED to arrest the above-named person and bring that person before the United States District Court to answer to the charge(s) listed below.

IN VIOLATION OF

UNITED ST ATES CODE TITLE 21

18

SECTION

BAIL OTHER CONDITIONS OF RELEASE

OR~{jl'Gtates Magistrate Judge Southern Df t .

CLERK OF COURT

960a 2339B

DATE rSSUED

RETURN

This warrant was received and executed with the arrest of the above-named person.

DATE RECEIVED

DATE EXECUTED

NAME AND TITLE OF ARRESTING OFFICER

SIGNATURE OF ARRESTING OFt-ICER

Note: The arresting officer is directed to serve the attached copy of the charge on the defendant at the time this warrant is executed.

CR 12 (Rev. 5/03)

WARRANT FOR ARREST

D1STR1CT
~nit£b ~fatc5 ~i5frid QIourl SOUTHERN DISTRICT OF NEW YORK
DOCKET NO MAQ1STRATE'S CASE NO.
UNITED STATES OF AMERICA ~G 271
v.
HAROUNA TOURE NDIVIDUAL TO BE ARRESTED
HAROUNA TOURE

WARRANT ISSUED ON THE BASIS OF: o Order of Court
o Indictment o Information X Complaint DISTRICT OF ARREST
TO: UNrrED STATES MARSHAL OR ANY OTHER AUTHORIZED OrF1CER CITY
YOU ARE HEREBY COMMANDED to arrest the above-named person and bring that person before the United States
District Court to answer to the chargers) listed below.
DESCRIPTION OF CIIARGES
Narco- Terrorism Conspiracy;
Conspiracy to Provide Material Support and Resources to a Designated Foreign Terrorist Organization
,
IN VIOLATION OF UNITED STATES CODE TITLE SECTION
21 960a
18 23393
.r : ~ ... '.,. ~,"
BAIL OTHER CONDlTfONS OF RELEASE
,
- r ~'\ '-, r ,,". 'I' .' J1:7RE(PE[)E~rz7I~ DA TE ORDERED
OR[)~N NPu ~tf,\j\d..:L 'llh
United Stat0s Ma9istrats Jut1g~} '):~-J_ !. DEC 1 Sill
~ b {J' t . 1 ! pI!.'''' Yorl, - ( (~Y) DEPUTY CLERK
CLEK ('Ott 6t1R IS flC 01 ~v~! ;; DATE ISSUED
.. '."'1,,'. . .. RETURN
. ,
This warrant was received and executed with the arrest of the above-named person,
DATE RECEIVED NAME AND TIlLE OF ARREST1NG OFFICER SIGNA TURE OF ARRESTING OFFICER
DATE EXECUTED Note: The arresting officer is directed to serve the attached copy of the charge on the defendant at the time this warrant is executed.

CR 12 (Rev. 5/03)

W ARRANT FOR ARREST

DISTRICT
J]iniiftt ~tatf5 ~i5trid ([[OUr! SOUTHERN DISTRICT OF NEW YORK
DOCKET NO. MAGISTRATE'S CASE NO.
UNITED STATES OF AMERICA
v. 111Jll~BI~ ..... ~.71
NAME AND ADDRESS OF INDIVIDUAL TO BE ARRESTED
IDRISS ABELRAHMAN
IDRISS ABELRAHMAN
WARRANT ISSUED ON THE BASIS OF: o Order of Court
D Indictment D Information X Complaint DISTRICT OF ARREST
TO: UNITED STATES MARSHAL OR ANY OTHER AUTHORlZED OFFICER CiTY
YOU ARE HEREBY COMMANDED to arrest the above-named person and bring that person before the United States
District Court to answer to the charge(s) listed below.
DESCRIPTION OF CHARGES
Narco-Terrorism Conspiracy;
Conspiracy to Provide Material Support and Resources to a Designated Foreign Terrorist Organization
IN VIOLATION OF UNITED STATES CODE TITLE SECTION
21 960a
~'~\'~";~}.Eik:;'~~fJitV.Mij.W'lf}.~~~.lf:1~·:~lfi:;''-.'~~:c,~;,!_",:,.;;F·;~:":-;:; :.; :,},:, -?= -: 18 2339B
;
, BAIL OTHER CONDITIONS OF RELEASE
t- , ..... "~1I1::1 !:f"~f
" .:;,';0;---'" -,-~'.-
~Jb\=.V!N 1\lV\i n,''II'I ....... SIG~~R}FEDERALJ ." GE/U~:=::r\TE~ DA ftdDTi 200a
ORDERE . . s> '., \, t, ,
United States Ma~n:;\l at; ,)\J C.-.k
, .,. ,+e' .> ", h\;·\'~ \' c' ! 7' '1r:L- /&~
. 8'-!.UJ"t;, 11 ",y. ), (BY/DEPUTY CLERK I DATE ISSUED
CLERK OF OURT
Icf
, • ...~\-1 'l'1'~i":-!": ~ 1.·h ~ ~ 1~c'f: i 101- :.~~i:>l·t;: 'e ~.N'S+~
',. _'>r~ .. ~~,~ .. :h!,;·II.I:' }".~~:~.:~ ."C)."1l ... /.
RETURN
This warrant was received and executed with the arrest of the above-named person,
DATE RECE1VED NAME AND TITLE OF ARRESTtNG OFFICER SIGNATURE OF ARRESTING OFFICER
DATE EXECUTED Note: The arresting officer is directed to serve the attached copy of the charge on the defendant at the time this warrant is executed.

Al Qaeda FARC Narco-Terrorism Criminal Charges filed by the U.S.

Description

A federal criminal complaint charges Oumar Issa, Harouna Touré and Idriss Abelrahman withf conspiracy to commit acts of narco-terrorism and conspiracy to provide material support to a foreign terro...

A federal criminal complaint charges Oumar Issa, Harouna Touré and Idriss Abelrahman withf conspiracy to commit acts of narco-terrorism and conspiracy to provide material support to a foreign terrorist organization.

The charges stem from the defendants’ alleged agreement to transport cocaine through West and North Africa with the intent to support three terrorist organizations -- Al Qaeda, Al Qaeda in the Islamic Magreb (AQIM), and the Fuerzas Armadas Revolucionarias de Colombia (Revolutionary Armed Forces of Colombia, or FARC